HomeMy WebLinkAbout11-Parks and Recreation
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Kevin Hawkins, Director
Dept: Parks, Recreation & Community
Services Department
Subject: Resolution of the Mayor and
Common Council of the City of San
Bernardino authorizing the City Manager to
execute the First Amendment to the F AS
Standard Contract with the County of San
Bernardino for the lease of a portion of the
Delmann Heights Community Center to be
used for the Head Start Program.
Date: September 19, 2011
MlCC Meeting Date: October 3,2011
Synopsis of Previous Council Action:
9/8/2009 Resolution No. 2009-314, rescinding Resolution No. 2009-300 and authorizing the
City Manager to execute a revised Lease Agreement with the County of San
Bernardino for the lease of a portion of the Delmann Heights Community Center to
be used for the Head Start Program, was adopted.
Recommended Motions:
Adopt Resolution.
Signature
Contact person:
Robert Lennox
Phone:
384-5031
Supporting data attached: StalTReporl, Rew, & Amendment Ward: 6
FUNDING REQUIREMENTS: Amount: Lease revenue of approximately $23,400 for the
2nd year ofterm - September 1, 20 II through
August 31, 2012
Source: (Acct. No.) 001-380-4901-0000
(Acct. Description) Misc. Receipts/Lease Agreements
Finance:
Council Notes:
Agenda Item No. / /
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the
City Manager to execute the First Amendment to the F AS Standard Contract with the County of
San Bernardino for the lease of a portion of the Delmann Heights Community Center to be used
for the Head Start Program.
BACKGROUND:
At the September 8, 2009, meeting of the Mayor and Common Council, Resolution No. 2009-
314 was adopted; Resolution 2009-314 rescinded Resolution No. 2009-300 and authorized the
City Manager to execute a revised Lease Agreement with the County of San Bernardino for the
lease of a portion of the Delmann Heights Community Center to be used for the Head Start
Program. Under the terms of the revised Lease Agreement, the County leased 2,160 square feet
of classroom and office space at a cost of $0.90 per square foot.
September 1, 2011, marks the second year of the lease agreement and the first of five single-year
options to extend. The County and Head Start staff members have been integral partners in
providing exceptional programs and services to the Delmann Heights Community. The original
agreement allowed the Head Start Program to transition from City control to County oversight,
while safeguarding positions, enhancing service delivery, and creating a new revenue stream to
help mitigate Departmental budget reductions. The attached agreement (Exhibit I) authorizes
execution of the first amendment to the Lease Agreement with the County of San Bernardino.
The County has proposed amendments to the Lease Agreement as outlined in their request letter
"Exercise Option to Extend Term & Proposal" (Attachment A).
Pursuant to the amended Lease Agreement, the County is proposing to pay an annual rental fee
of $23,400, or $0.90 per square foot which reflects a reduction of $0.01 per square foot or
$144 per year. The County proposes to continue to fund 36% of the cost of utilities at the
Delmann Heights facility (water, electric, natural gas, refuse and building maintenance). The
estimated amount of utilities reimbursement is $13,900 annually. Staff has also identified
periodic in-kind services such as general facility/grounds maintenance that would be provided by
the County, which will more than offset the $144 lease reduction. As such, the Lease
Agreement, as amended, is of mutual benefit to both the City and the County and is
recommended for approval.
FINANCIAL IMPACT:
The proposed agreement will provide approximately $23,400 (rounded) in projected rental
revenue during the year. This reflects a $144 reduction in the annual rental revenue. The
anticipated revenue has been included in the FY 2011-2012 budget.
RECOMMENDATION:
Adopt Resolution.
REALESTATESER~CES( lPARTMENT
COUNTY OF SAN BERNARDINO
385 North Arrowhead Avenue, Third Floor' San Bernardino, CA 92415-0180
(909) 387.5252. Fax (909) 387.5353 ATTACHMENT A
David H. Slaughter
Dir&etor
June 20, 2011
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Mr. Robert Lennox
City of San Bernardino
301 S. "E~ Street
San Bernardino, CA 92401
Re: SAN BERNARDINO - PRESCHOOL SERVICES DEPARTMENT (PSD) - 2969
FLORES STREET - LEASE NO. 09-830 - NOTICE OF INTENTION TO
EXERCISE OPTION TO EXTEND TERM & PROPOSAL
Dear Mr. Lennox:
The purpose of this letter is to formally notify the City of San Bernardino (herein referred to as
"LANDLORD") of the County of San Bernardino's Real Estate Services Department, acting on
behalf of the Preschool Services Department (collectively referred to as "COUNTY''), intention
to exercise the first of five one (1) year option to extend from September I, 2011 through August
31,2012, for the above referenced location.
Paragraph 6, OPTION TO EXTEND TERM currently states: "CITY gives COUNTY the option
to extend the term of the Lease on the same provisions and conditions, except for the monthly
rent, for five (5) one-year periods ("extended terms ") following expiration of the Initial Term, by
COUNTY giving notice of its intention to exercise the option to CITY prior to the expiration of
the term or during any holding over pursuant to Paragraph 8, HOLDING OVER The rent for
each extended term shall be a4Justed by good faith negotiation of the parties to the fair market
rental rate then prevailing based upon the rental rates of comparable leased property in San
Bernardino County.
Based on the above, the CITY and COUNTY are required to negotiate a new lease rate based on
the fair market rental rate then prevailing in the San Bernardino area.
As you are aware, our nation is in a recession, the State of California is experiencing tremendous
budget challenges and unemployment in the Inland Empire has hit records highs.
According to an article entitled U.S. Industrial Markets Pull Back - North America Highlights,
printed by Colliers International - Q 1 201 O/Industrial reports, "U.s. industrial real estate
markets began 2010 much like they finished 2009: poorly.
These factors have negatively impacted the business environment. Nevertheless, the current
economic conditions have created a tremendous beneficial situation for tenants.
GREGORY C. OEVEREAUX
Clllef Executive OftIcer
Boaed of SupefVlsors
BRAD MITZELFEL T, VIce Chair. . . . First Olslrlcl NEIL OERRY . . . . . . . . . . . . . . . . . Third Dlsll1et
JANICE RUTHERFORD. . . . . . . . .. Second Dlsmet GARY C. OVITT. . . . . . . . . . . . . . . Fourth Dlsll1et
JOSIE GONZALES. Chair. . . . . . . . . . . . Fifth Dislrlct
City of San Bernardino
June 20,2011
Page- 2-
ATTACHMENT A
The market control has shifted away from the landlords and towards the tenant. Tenants are
driving the market and enjoying the benefits of multiple prime location options, additional
concessions and more tenant-friendly lease terms which translate to higher tenant improvement
allowances, discounted lease rates and more free rent, resulting in lower effective rents,
according to CB Richard Ellis, Market View - Inland Empire Office, First Quarter.
Los Angeles Time reports in an article entitled, "Southern California Office Market Is
Hammered By Recession" states vacancy rates have climbed as high as 30% in some areas, and
landlords have been offering deep discounts or such perks as a year of free rent as an incentive to
sign leases according to Joe Vargas, Senior Managing Director of Real Estate Brokerage
Cushman & Wakefield.
In reviewing our files, currently the County of San Bernardino leases 2,160 square feet of
classroom and office space and 256 square feet of playground for a child developmentlhead start
program. As you are aware, our programs are family-oriented and provide a model of excellence
in child development and family empowerment programs. Our current monthly rate is $1,962.00
($0.91 per square foot), which based on comparables is in the low-range for the San Bernardino
area. Because this facility provides needed educational services in the inner city community for
enhanced child development/educations purposes, I propose reducing the monthly rate to
$1,950.00 ($0.90 per square foot).
PROPOSAL
The COUNTY hereby submits this PROPOSAL upon which COUNTY is prepared to continue
discussions for an amended lease (the "Amendment'') with CITY for certain premises at 2969
Flores Street, San Bernardino, California ("Premises").
Existing Lease:
Lease Agreement No. 09-830 that is scheduled to expire on
August 31, 2011.
Premises:
2969 Flores Street, San Bernardino, CA.
Square Footage:
2,160 square feet of classroom and office.
Terms & Commencement Date:
Subject to acceptable negotiation of terms of extensions.
Exercise first of five one-year options extending the term
from September I, 20 II (the
"Commencement Date of the First Extended Term'') and
expiring August 31, 2012 (the "Expiration Date ofthe First
Extended Term").
Base Rent:
The COUNTY proposes the following: from the
Commencement Date and continuing through the
Expiration Date, COUNTY shall pay to LANDLORD the
following monthly rental payments in arrears on the last
City of San Bernardino
June 20, 201 I
Page-3-
ATTACHMENT A
day of each month, commencing when the term
commences, continuing during the term, as provided
below:
Sept. 1,201 I tbru Aug. 31, 2012 - $1,950 ($0.90 psi)
Annual Increases:
None.
Option to Extend:
None.
Updated Lease Language:
COUNTY provides CITY with our updated language (See
enclosure). LANDLORD to advise if this language is
acceptable.
New Indemnification Language that replaces Paragraph 17
Hold Hannless.
New Insurance Requirements and Specifications that
replaces Paragraph 18 Insurance Specifications.
The COUNTY intends to continue good-faith negotiations to exercise the first of five one-year
option to extend.
This letter is intended solely and exclusively as a preliminary expression of general
intentions. It is intended that neither party shall have any binding contractual obligations
to the other with respect to the matters referred to herein unless and until a formal written
lease amendment has been prepared with adequate opportunity for review by legal counsel
and has been fully executed and delivered by the parties. Please be advised that the Board
of Supervisors is the final authority for executing the proposed lease amendment on behalf
ofthe County of San Bernardino.
If the above is acceptable, please contact me at (909) 387-5121.
tJ;;kff
Elsy Banks
Real Property Agent II
EB:ma
Enclosures - As stated above
DELETE the existing Paragraph 1 +. ~~tEss in its entirety and replace with
a new Paragraph 17, entitled INDEMNIFICATION:
17. INDEMNIFICATION: The CITY agrees to indemnify, defend (with counsel
reasonably approved by COUNTY) and hold harmless the COUNTY and its authorized
officers, employees, agents and volunteers from any and all claims, actions, losses,
damages, and/or liability arising out of this contract from any cause whatsoever,
including the acts, errors or omissions of any person and for any costs or expenses
incurred by the COUNTY on account of any claim except where such indemnification is
prohibited by law. This indemnification provision shall apply regardless of the existence
or degree of fault of indemnities. The CITY's indemnification obligation applies to the
COUNTY's "active" as well as "passive" negligence but does not apply to the
COUNTY's "sole negligence" or "willful misconduct" within the meaning of Civic Code
Section 2782.
A. CONFIDENTIALITY. CITY acknowledges that the premises will be
used by COUNTY for the processing and storage of confidential information protected
from unlawful access and disclosure by federal, state and local laws. COUNTY and its
officers, agents, volunteers and employees, agree to comply with relevant federal, state
and local laws pertaining to the security and protection of such confidential information
while on the premises. CITY agrees that it will prevent any unlawful access to or
disclosure of the confidential information by CITY, its officers, agents, volunteers,
employees and contractors. CITY agrees that all entities with which CITY contracts to
provide services on the premises will prevent any unlawful access or disclosure of the
confidential information, and that said entities will agree to the same in writing. CITY
acknowledges that any unlawful access to or disclosure of confidential information may
result in the imposition of civil and criminal sanctions.
DELETE the existing Paragraph 18. INSURANCE SPECIFICATIONS in its entirety and
replace with a new Paragraph 18, entitled INSURANCE REQUIREMENTS AND
SPECIFICATIONS:
18. INSURANCE REOUIREMENTS AND SPECIFICATIONS:
A. COUNTY is a self-insured public entity for purposes of professional
liability, general liability and workers' compensation.
B. The CITY agrees to provide insurance set forth in accordance with the
requirements herein. If the CITY uses existing coverage to comply with these
requirements and that coverage does not meet the specified requirements, the CITY
agrees to amend, supplement or endorse the existing coverage to do so. The type(s) of
insurance required is determined by the scope of the lease hereunder. Without in anyway
affecting the indemnity herein provided and in addition thereto, the CITY shall secure
and maintain throughout the contract term the following types of insurance with limits as
shown:
ATTACHMENT A
(I) Workers' ComoensationlEmolovers Liabilitv - A program of
Workers' Compensation insurance or a state-approved, self-insurance program in an
amount and form to meet all applicable requirements of the Labor Code of the State of
California, including Employer's Liability with $250,000 limits covering all persons
including volunteers providing services on behalf of the CITY and all risks to such
persons under this lease agreement.
If CITY has no employees, it may certify or warrant to the COUNTY that is does not
currently have any employees or individuals who are defined as "employees" under the
Labor Code and the requirement for Workers' Compensation coverage will be waived by
the COUNTY's Director of Risk Management.
If, CITY is a non-profit corporation, organized under California or Federal law,
volunteers for CITY are required to be covered by Workers' Compensation insurance.
(2) Commercial/General Liability Insurance - The CITY shall carry
General Liability Insurance covering all operations performed by or on behalf of the
CITY providing coverage for bodily injury and property damage with a combined single
limit of not less than one million dollars ($1,000,000), per occurrence. The policy
coverage shall include:
(a) Premises operations and mobile equipment.
(b) Products and completed operations.
(c) Broad form property damage (including completed
operations).
(d) Personal injury
(e) Contractual liability.
(f) $2,000,000 general aggregate limit.
(3) Commercial Prooertv Insurance providing all risk coverage for the
leased premises, building, fixtures, equipment and all property constituting a part of the
premises. Coverage shall be sufficient to insure One Hundred percent (100%) of the
replacement cost.
(4) Automobile Liabilitv Insurance - Primary insurance coverage shall
be written on ISO Business Auto coverage form for all owned, hired and non-owned
automobiles or symbol 1 (any auto). The policy shall have a combined single limit of not
less than one million dollars ($1,000,000) for bodily injury and property damage, per
occurrence.
(5) Umbrella Liability Insurance - An umbrella (over primary) or
excess policy may be used to comply with limits or other primary coverage requirements.
When used, the umbrella policy shall apply to bodily injury/property damage, personal
injury/advertising injury and shall include a "dropdown" provision providing primary
coverage for any liability not covm6)ChtA/l~~ policy. The coverage shall also
apply to automobile liability.
C. If CITY performs any construction of the Premises on behalf of the
COUNTY, CITY shall also procure and maintain coverages as follows:
(I) For construction contracts for projects over One Million Dollars
($1,000,000) and less than Three Million Dollars ($3,000,000) require limits of not less
than Three Million Dollars in General Liability and Auto Liability coverage.
(2) For construction contracts for projects over Three Million Dollars
($3,000,000) and less than Five Million Dollars ($5,000,000) require limits of not less
than Five Million Dollars ($5,000,000) in General Liability and Auto Liability coverage.
(3) For construction contracts for projects over Five Million Dollars
($5,000,000) and less than Ten Million Dollars ($10,000,000) require limits of not less
than Ten Million Dollars (10,000,000) in General Liability and Auto Liability coverage.
(4) Subcontractor Insurance ReQuirements. The CITY agrees to
require all parties or subcontractors, including architects or others it hires or contracts
with related to the performance of this contract to provide insurance covering the
contracted operation with the basic requirements for all contracts in B I and the insurance
sections for all contracts in B2, (including waiver of subrogation rights) and naming the
COUNTY as an additional insured. The CITY agrees to monitor and review all such
coverage and assumes all responsibility ensuring that such coverage is provided as
required here.
(5) Course of Construction/Installation (Builder's Risk) property
insurance providing all risk, including theft coverage for all property and materials to be
used on the project. The insurance policy shall not have any coinsurance penalty.
D. Additional Insured - All policies, except for the Workers' Compensation,
shall contain endorsements naming the COUNTY and their officers, employees, agents
and volunteers as additional insureds with respect to liabilities arising out of the use
under this lease hereunder. The additional insured endorsements shall not limit the scope
of coverage for the COUNTY to vicarious liability but shall allow coverage for the
COUNTY to the full extent provided by the policy. Such additional insured coverage
shall be at least as broad as Additional Insured (Form B) endorsement form ISO, CG
2010.11 85.
E. Waiver of Subrogation Rights - The CITY shall require the carriers of
required coverages to waive all rights of subrogation against the COUNTY, their officers,
employees, agents, volunteers, contractors and subcontractors. All general or auto
liability insurance coverage provided shall not prohibit the CITY and CITY's employees
or agents from waiving the right of subrogation prior to a loss or claim. The CITY
hereby waives all rights of subrogation against the COUNTY.
ATTACHMENT A
F. Policies Primary and Non-Contributorv - All policies required herein are
to be primary and non-contributory with any insurance or self-insurance programs carried
or administered by the COUNTY.
G. Severability of Interests - The CITY agrees to ensure that coverage
provided to meet these requirements is applicable separately to each insured and there
will be no cross liability exclusions that preclude coverage for suits between the CITY
and the COUNTY or between the COUNTY and any other insured or additional insured
under the policy.
H. Proof of Coveral!e - The CITY shall furnish Certificates of Insurance to
the San Bernardino Real Estate Services Department (RESD) administering the lease
evidencing the insurance coverage, including endorsements, as required, prior to the
commencement of performance of services hereunder, which certificates shall provide
that such insurance shall not be terminated or expire without thirty (30) days written
notice to RESD, and CITY shall maintain such insurance from the time CITY
commences use under the lease hereunder until the end of the period of the lease. Within
fifteen (15) days of the commencement of this contract, the CITY shall furnish a copy of
the Declaration page for all applicable policies and will provide complete certified copies
of the policies and endorsements immediately upon request.
I. Acceptability of Insurance Carrier - Unless otherwise approved by the
COUNTY Department of Risk Management, insurance shall be written by insurers
authorized to do business in the State of California and with a minimum "Best" Insurance
Guide rating of "A- VII".
J. Insurance Review - Insurance requirements are subject to periodic review
by the COUNTY. The COUNTY's Director of Risk Management or designee is
authorized, but not required, to reduce, waive or suspend any insurance requirements
whenever the COUNTY's Department of Risk Management determines that any of the
required insurance is not available, is unreasonably priced, or is not needed to protect the
interests of the COUNTY. In addition, the COUNTY's Director of Risk Management or
designee is authorized, but not required, to change the above insurance requirements to
require additional types of insurance coverage or higher coverage limits, provided that
any such change is reasonable in light of past claims against the COUNTY, inflation, or
any other item reasonably related to the COUNTY's risk.
Any change requiring additional types of insurance coverage or higher coverage limits
must be made by amendment to this lease. CITY agrees to execute any such amendment
within thirty (30) days of receipt.
Any failure, actual or alleged, on the part of RESD or COUNTY to monitor or enforce
compliance with any of the insurance and indemnification requirements will not be
deemed as a waiver of any rights on the part ofRESD or the COUNTY.
K. Failw-e to Procure ~HMFl'1ItAnce required must be maintained in
force at all times by CITY. Failure to maintain said insurance, due to expiration,
cancellation, etc., shall be cause for the COUNTY to give notice to immediately suspend all
CITY's business activities on the Premises. Failure to reinstate said insurance within the
(10) days of notice to do so shall be cause for termination and for forfeiture of this
agreement, and/or COUNTY, at its discretion, may procw-e or renew such insurance and pay
any and all premiums in connection therewith, and all monies so paid by COUNTY shall be
repaid by CITY to COUNTY upon demand but only for the pro rata period of non-
compliance.
L. COUNTY shall have no liability for any premiums charged for such
coverage(s). The inclusion of COUNTY as additional named insured is not intended to and
shall not make a partner or joint venturer with CITY in CITY's operations.
M. The CITY agrees to require all parties or subcontractors, or others it hires
or contracts with related to the use of this lease to provide insurance covering such use
with the basic requirements and naming the COUNTY as additional insured. LICENSEE
agrees to monitor and review all such coverage and assumes all responsibility for
ensuring that such coverage is provided as required herein.
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE THE
FIRST AMENDMENT TO THE FAS STANDARD CONTRACT WITH THE COUNTY
OF SAN BERNARDINO FOR THE LEASE OF A PORTION OF THE DELMANN
HEIGHTS COMMUNITY CENTER TO BE USED FOR THE HEAD START
PROGRAM.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the City Manager is hereby authorized to execute the First Amendment
to the F AS Standard Contract with the County of San Bernardino for the lease of a portion of
the Oelmann Heights Community Center to be used for the Head Start Program, a copy of
which is attached hereto, marked Exhibit "I" and incorporated herein by reference as though
set forth at length; and
SECTION 2. That the authorization granted hereunder shall expire and be void and of no
further effect if the Agreement is not executed by both parties and returned to the office of the
City Clerk within ninety (90) days following the effective date of the Resolution.
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE THE
FIRST AMENDMENT TO THE FAS STANDARD CONTRACT WITH THE COUNTY
OF SAN BERNARDINO FOR THE LEASE OF A PORTION OF THE DELMANN
HEIGHTS COMMUNITY CENTER TO BE USED FOR THE HEAD START
PROGRAM.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a
meeting thereof, held
on the
day of
,2011, by the following vote, to wit:
Council Members:
AYES
NA YS ABSTAIN ABSENT
MARQUEZ
JENKINS
BRINKER
SHORETT
KELLEY
JOHNSON
MCCAMMACK
Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this
day of
,20] 1.
Approved as to form:
Patrick J. Morris, Mayor
City of San Bernardino
EXHIBIT I
- ~New Vendor Code Dept. Contract Number
Change SC A 09-830 A-1
Cancel
County Department Depl. Orgn. Contractor's license No.
Real Estate Services Department
County Department Contract Representative Telephone Total Contrad Amount
County of San Bernardino David H. Slaughter, Director (909) 387-5104 $
FAS n Revenue 15<1 Encumbered Contract Type n other:
n Un~ncumbered
STANDARD CONTRACT If not encumbered or revenue contract tvoe, provide reason: -1.
Commodity Code I Contract Start Date Contract End Date Original Amount Amendment Amount
$ $
FIRST AMENDMENT Fund Depl. Organization Appr. ObjlRev Souroa GRCIPROJ/JOB No Amount
AM RNT RNT 200 2905 , 59002663 $
Fund Depl. Organization Appr. ObjlRev Source GRC/PROJ/JOB No. Amount
$
Fund Depl. Organization Appr. Obj/Rev Souroa GRC/PROJ/JOB No. Amount
$
Project Name Estimated Payment Total by Fiscal Year
San Bernardino - PSD FY Amount lID FY Amount I/O
2969 Flores Street - -
- -
Contract type 5(a)
FOR COUNTY USE ONLY
THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereinafter called
the County, and
Name
City of San Bernardino hereinafter called Landlord
Address
301 S. "E" Street
San Bernardino, CA 92401
Telephone
(909) 384-5031
IT IS HEREBY AGREED AS FOLLOWS:
Federal 10 No. or Social Security No.
WHEREAS, the COUNTY and the CITY OF SAN BERNARDINO ("LANDLORD") have previously entered
into a Lease Agreement, Contract No. 09-830 (the "Lease"), wherein LANDLORD agreed to lease certain real
property to the COUNTY; and,
WHEREAS, under the terms of the Lease Agreement, Contract No. 09-830, COUNTY has five (5) one-year
options to extend the term; and,
WHEREAS, COUNTY and LANDLORD now desire to amend the Lease to exercise the first one-year
option to extend the term from September 1,2011 (the "Commencement Date of the First One-Year Extended
Term") through August 31, 2012 (the "Expiration Date of the First One-Year Extended Term"); and modify
Paragraph 48. PUBLIC RECORDS DISCLOSURE.
Auditor/Controller-Recorder Use Onl
D Contract Database D FAS
Input Date Keyed By
Page 1 of 3
EXHIBIT 1
NOW, THEREFORE, in consideration of mutual covenants and conditions, the parties hereto agree the
Lease Agreement, Contract No. 09-830, is amended as follows:
1. CHANGE that portion of Paragraph 3, TERM, which now reads "...shall commence on September 9,
2009 and end on August 31,2011" ... to read ... "shall commence on September 1, 2011 (the "Commencement
Date of the First One Year Extended Term") and end on August 31,2012 (the "Expiration Date of the First One
Year Extended Term")".
2. EXTEND the term of the Lease pursuant to Paragraph 6, OPTION TO EXTEND TERM, from
September 1, 2011 (the "Commencement Date of the First One Year Extended Term") through August 31, 2012
(the "Expiration Date of the First One Year Extended Term") at a monthly rate of One Thousand Nine Hundred
Fifty and 00/100 Dollars ($1,950.00 or $0.90/sq.ft.) for the first twelve (12) months.
3. DELETE in its entirety, Subparagraph 4.a., RENT, and SUBSTITUTE, therefore, the following as a new
Subparagraph 4.a. RENT:
4. RENT:
a. COUNTY shall pay to CITY the following monthly rental payments in arrears on the last day of
each month, commencing when the term commences, continuing during the term.
September 1,2011 thru August 31,2012 - monthly payments of $1,950.00 ($0.90/sq.ft.)
4. DELETE in its entirety Paragraph 48. PUBLIC RECORDS DISCLOSURE and SUBSTITUTE, therefore,
the following as a new Paragraph 48. PUBLIC RECORDS DISCLOSURE as follows:
48. PUBLIC RECORDS DISCLOSURE:
a. All information received by the CITY or COUNTY concerning this Lease, including the Lease itself,
may be treated as public information subject to disclosure under the provisions of the California Public Records
Act, Government Code Section 6250 et sea. (the "Public Records Act"). The Parties understand that although all
materials received in connection with this Lease are intended for the exclusive use of the parties, they are
potentially subject to disclosure under the provision of the Public Records Act.
b. CONFIDENTIALITY. CITY acknowledges that the premises will be used by COUNTY for
the processing and storage of confidential information protected from unlawful access and disclosure by federal,
state and local laws. COUNTY and its officers, agents, volunteers and employees, agree to comply with relevant
federal, state and local laws pertaining to the security and protection of such confidential information while on the
premises. CITY agrees that it will prevent any unlawful access to or disclosure of the confidential information by
CITY, its officers, agents, volunteers, employees and contractors. CITY agrees that all entities with which CITY
contracts to provide services on the premises will prevent any unlawful access or disclosure of the confidential
information, and that said entities will agree to the same in writing. CITY acknowledges that any unlawful access
to or disclosure of confidential information may result in the imposition of civil and criminal sanctions.
[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
Revised 1/1112011
Page 2 of 3
EXHIBIT I
5. All other provision and terms of the Lease Agreement, Contract No. 09-830, shall remain the same and are
hereby incorporated by referenced.
END OF FIRST AMENDMENT.
COUNTY OF SAN BERNARDINO
CITY OF SAN BERNARDINO
~
Josie Gonzales, Chair, Board of Supervisor
By: ~
(Authorized signature - sign in blue ink)
Dated:
Name:
SIGNED AND CERTIFIED THAT A COPY OF THIS
DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD
Laura H. Welch
Clerk of the Board of Supervisors
of the County of San Bernardino
Title:
Dated:
By
Deputy
Address: 301 S. "E" Street. San Bernardino. CA 92401
Approved as 10 Legal Fonn
Reviewed by Contract Compliance
Presenled 10 BOS for Signalure
~
Robert F. Messinger, County Counsel
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Department Head
Date
Date
Date
Revised 1/1112011
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